Uncontested Divorce

Quick and Cheap Agreed Divorce in Tennessee

 

 

 

 

5 Steps to a Quick and Cheap Agreed Divorce

 

Step 1. Schedule Divorce Planning Session – Your Divorce Planning Session may be in office, by telephone, or by video conference, you choose the method that is most convenient for you! You will need to provide our office your completed Divorce Intake Form along with the $100 for your Divorce Planning Session fee at the beginning of your Divorce Planning Session.  If you decide to retain our attorney, the Divorce Planning Session fee will be credited towards the overall cost of your attorney fees, making it free in effect!  Click the following link to Schedule a Divorce Planning Session.

 

Step 2: Review your Uncontested Divorce Documents – Our attorney will email you a copy of your uncontested divorce documents for your review and provide you with a link to schedule your Document Signing Appointment.  You should talk with your spouse to schedule a time for your Document Signing Appointment that is convenient for you both.

 

Step 3: Sign you Uncontested Divorce Documents – During your Document Signing Appointment, you and your spouse will come to our office to sign your uncontested divorce documents in front of a notary public.  You will both need to bring a government issued photo identification to this appointment.  If your spouse is unable to come to our office, we can mail the uncontested divorce documents to your spouse so that your spouse can sign uncontested divorce documents in front of a notary public at their convenience.  Your Uncontested Divorce Documents will be filed with the Court after you and your spouse sign them.

 

Step 4: Attend the mandatory Parent Educational Seminar  - If you and your spouse have minor children together, then you and your spouse must complete a court approved Parent Educational Seminar and provide our office a copy of your Certificates of Completion before your final hearing is scheduled.  You may find a list of court approved Parent Educational Seminar providers by clicking on the following link: Court Approved Parent Educational Seminar Providers.

 

Step 5: Attend your final hearing for Uncontested Divorce -  There is a mandatory 90 days waiting period after your Complaint for Divorce is filed if you and your spouse have any minor children.  If you and your spouse do not have any minor children, then the waiting period is only 60 days.  After the mandatory waiting period has passed, our attorney will give you a call to schedule your final hearing for divorce.

 

 

 

 

Uncontested Divorce FAQs

 

What is an Uncontested Divorce in Tennessee?

An uncontested divorce is a divorce in which both spouses have reached an agreement on all issues of the divorce. This is generally the quickest and least expensive method of divorce, however, both spouses must agree on all issues for this process to work.

 

What are the requirements for the Uncontested Divorce process in Tennessee?

In order to qualify for an uncontested divorce, you and your spouse must both meet all of the following requirements:

• Agree to be divorced;

• Reach an agreement on all issues without the assistance of our divorce attorney (Including, but not limited to, spousal support, alimony, child custody, child visitation, child support, division of real property, division of assets, and division of debts.);

• Voluntarily sign all uncontested divorce documents without service of process;

• Voluntarily complete the mandatory Parent Educational Seminar if the parties have minor or dependent children together; and

• Be fully aware of each other’s assets, debts, income, and financial interests.

 

You do NOT qualify for an uncontested divorce if:

• You or your spouse disagree about any issue in your divorce.

• You do not know what assets or debts you and your spouse have, or if your spouse has hidden money from you.

• You and your spouse believe that a non-standard custody agreement is in the best interest of your children.

• You or your spouse want a divorce granted on an at-fault ground for divorce, such as inappropriate marital conduct or adultery. An uncontested divorce provides for a no-fault divorce only and will be based on the ground of “irreconcilable differences.”

• You or your spouse have an ongoing bankruptcy case.

 

Additional Factors to Consider:

Children born during the marriage to with other parties: If the Wife has had a child by someone other than the husband since the date of marriage, that child is presumed to the husband’s child and must be included in the divorce.  This is true even if the husband and wife have been separated for a long period of time.  The Husband will need to take a paternity test that demonstrates that he is not the biological father of the child.

How do I get started with my Uncontested Divorce in Tennessee?

To get started, please schedule a Divorce Planning Session with our Memphis divorce attorney.  You will need to complete our Divorce Intake Form prior to your scheduled Divorce Planning Session. 

 

What is the Uncontested Divorce Process in Tennessee?

Once you and your spouse have reached an agreement, then you will need to contact the Walls Law Firm and schedule a divorce planning session. Your divorce planning session may be by in person in our office, by phone, or by video conference. During the divorce planning session, our Memphis divorce Attorney will review your divorce intake form and have you sign an Attorney-Client Agreement for an uncontested divorce. In an uncontested divorce, our Memphis divorce attorney only represents one party.  However, the other party may hire their own attorney to review the divorce paperwork.

 

Your uncontested divorce documents will be drafted based on your answers in the divorce intake form.  Your uncontested divorce documents will be emailed to you for your review within 7-10 business days after you sign the Attorney-Client Agreement and pay the attorney fee. Shortly after receiving your divorce documents for your review, you will meet with our divorce attorney by phone to go over any questions you may have about the divorce documents. After the phone meeting to review your divorce documents, a copy of your Marital Dissolution Agreement, Agreed Permanent Parenting Plan Order (if you and your spouse have minor children together), and Final Decree of Divorce will be emailed to you and your spouse in pdf format. After your spouse have had time to review the divorce documents, an appointment will be scheduled for you and your spouse to come to our office to execute your divorce documents. 

 

If you or your spouse are unable to come to our office to execute the divorce documents, you may print off the divorce documents and have each spouse execute the divorce documents in the presence of a notary public. You will need to return the executed divorce documents executed by both parties within 30 days.  You will need to ensure the documents are printed on one side only.  Documents printed on the front and back are not accepted by the court. Please note that you and your spouse must execute your divorce documents in the presence of a notary public. Also, you will both need to have your government issued photo identification with you when you execute your divorce documents so that the notary public can verify your identities.

 

Once the divorce documents are properly executed and returned to my office, the divorce documents will be filed with the court.  Please note that the filing fee that must be paid to the court clerk when the divorce documents are filed are not included in our divorce package price.  In Shelby County, Tennessee the filing fee for an uncontested divorce with minor children is $391.14.  The filing fee for an uncontested divorce without minor children is $314.12.

 

In Tennessee there is a mandatory waiting period after before your divorce can be finalized after the filing of your Complaint for Divorce.  The mandatory waiting period is 60 days if you and your spouse do not have minor children in common, and 90 days if you and your spouse have minor children in common.

 

After the required time has elapsed, our attorney will give you a call so that you and our attorney may coordinate the scheduling of your court date.  You must appear in court to present your Final Decree of Divorce to the judge in a process often referred to as an uncontested divorce hearing. You may view a list of questions that you will be asked during your Uncontested Divorce Hearing by clicking on the following links:

• Uncontested Divorce Hearing Questions for an Uncontested Divorce without Minor Children

• Uncontested Divorce Hearing Questions for an Uncontested Divorce with Minor Children

 

The Final Decree of Divorce, as well as other supporting documents, are presented to the Court during your Uncontested Divorce Hearing. Your attorney will ask you a series of questions about your divorce. The judge or divorce referee may ask you some additional questions. The judge will listen to your answers, review the documents, and decide if a divorce should be granted.  If the judge decides your divorce should be granted, the judge will likely sign your Final Decree of Divorce. 

 

You must wait at least 30 days before remarrying as your divorce may be appealed within that time frame. After your divorce is final, you will be provided an attested copy of your divorce decree.  You and your spouse will also be emailed a pdf copy of the final decree.

 

What is the Cost of Filing an Uncontested Divorce in Tennessee with the Walls Law Firm?

The prices for our Uncontested Divorce packages vary depending on:

• Whether or not you and your spouse have minor or dependent children together;

• Whether you and your spouse have joint assets and/or joint debts; and

• The complexity of your case.

 

Below you will find the starting prices for our Memphis and Shelby County, Tennessee Uncontested Divorce Packages.  Most people will pay the fee indicated below.  However more complex cases will incur additional fees as they will require more complex drafting and additional attorney time.

• No minor or dependent children, No marital assets or debts - $750

• No minor or dependent children, With marital assets or debts - $850

• With minor or dependent children, No marital assets or debts - $950

• With minor or dependent children, With marital assets or debts - $1050

 

Additional Factors to Consider:

Distribution of Retirement Accounts:  If a retirement account is to be distributed during your divorce, then you will need a Qualified Domestic Relations Order.  There is an additional fee of $1500 for each retirement account that is being distributed.

 

Real Property: If real property is being distributed during your divorce, then a quitclaim deed will need to be prepared for each parcel of real property that is being distributed.  If either party owns any real property separately, then the other spouse will need to execute a quitclaim deed to transfer any property rights that may have been acquired during the marriage to the other party. There is an additional fee of $150 per quitclaim deed.

 

What is included in the Uncontested Divorce package?

When you purchase one of our Uncontested Divorce Packages, here's what you get:

• We begin with a confidential divorce strategy planning session with our Memphis divorce attorney;

• We inform you how to proceed;

• We prepare your uncontested divorce documents based off your answers in the intake questionnaire;

• We provide you with a copy of your uncontested divorce documents in pdf format for review; 

• We schedule a time for you and your spouse to come to our office to execute your uncontested divorce documents;

• We provide you with a copy of your executed uncontested divorce documents in pdf format; 

• We file your uncontested divorce documents(filing fee not included);

• We schedule your final uncontested divorce hearing;

• We prepare for your final uncontested divorce hearing;

• We represent you in court during your final uncontested divorce hearing;

• We provide you a copy of your final decree of divorce in pdf format;

• We provide you access to our e-book entitled "About Divorce: A Guide for Clients".

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